The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-04-29
THE RECORD OF THE COURTS.
Supreme Court.
Supreme Court
Hon. byron x Elliott. Chief justice.
The following opinions were rendered April 2s

Hon. byron x Elliott. ef-justice.
The following opinions were rendered April g.
ACKNOWLEDGEMENTS
1909 VIM. Fl. Fertich VS.. Nora S. Kitchener.
Shelby C. C. Reversed. Niblack. J.-Action
by appellee through her father against appellant
for injuries received while attending a public
school of which Fertch was superintendent.
Tho evidence shows that plaintiff, pupil OF
public school, was tardy; that when she reached
the school building and found the doors locked
the janitor invited her to the register in the
hall; that she declined under the belief that she
uas not permitted to stand by the register; that
she returned home. and. the weather being cold,
her feet were frozen. 1t was further shown that
itwas the policy of appellees teacher to discour-
age the practice Of pupils from retiring from the
room during school hours; that appellee asked to
retire from the room, but permission was re-
fused, as school would be out IN few minutes,
by which she suffered annoyance, etc. The
various school boards and other educational
authorities of the State have the power to adopt
appropriate rules aud regulations for the gov
eminent of the schools under their control,
and when adopted such rules and
regulations are analogous to bylaws
and ordinances and are tested by the same gen.
eral principles. Any reasonable rule adopted by
a superintendent or a teacher merely, not lncon-
sistent with some statute or some other rule
prescribed by higher authority, is binding upon
the pupils. In the present case the. rule re-
curing the appellant to visit weekly all the
schools under his charge, and to see that the
best methods of instruction were adopted nee
essarily conferred on him authority to order and
promulgate such additional rules as the best in
terests of the schools might seem to require.
within the limits to which all such rules may
extend. As applicable to the structure and sit.
uation of the school building which appelie at
tended and to the purposes designed to be ac-
complished by 1t. the rule requiring tardy pu-
pills to remain either in the halls or IN
the principals Office until the opening
exercises were over, was reasonable rule,
ar,d RI ar
ton, no serious objection be urged.
In the enforcement of all rules due regard must
be had to the health, comfort, age and mental and
physical condition of the pupils and to the cir
cumstances attending each particular emery
ency. Pupils known to have some mental or
physical infrmity may require some relaxation
in the strict enforcement of such rules as against
them. No rule. however reasonable it may be
in it's general application. ought to be enforced
when to enforce it will inlct actual and unneces-
sary suffering. A school regulation must, there
fore, be not only reasonable in itself but its
enforcement must be also reasonable in the
light of existing circumstances. Under these
principles instructions six and eight were erro-
neous, as they both made the question of the
validity of the rule of unmixed law and
fact, to be determined by the jury instead OF q
question of law for the court. Such superin-
tendent is not liable in damages for error in
Judgment. The keeping in of pupils for u short
time after school hours has none OF the elements
of false Imprisonment, unless imposed from
wanton, willful or malicious motives.
TENANT IN ACKNOWLEDGEMENTS
1883 Alexander o. Stout ct al. vs.. William
II Curry. Monroe c. G. Affirmed. Elliott,
c. J-One tenant in common may maintain a
suit to enioin tenant in actual possession from
committing waste in where the tenant in
possession Is insolvent
1853 William Modlering vs. Frederick Kay
SER Allen &. G. Reversed. Mitchell, 1.-THE
finding is not sustained by the evidence
1888. Peter NJ. Zenor VS. Francis J. johnson
ct AL Harrison G. c. Reversed Howk ].
The evidence does not sustain the finding.
1884 Thomas Fleetwood ct al Us. S. Brown.
jackson G. G. Rehearing denied.
1859 Henry Becknell ct AL VS.. Sarah A.
Beeknell Marshall G. G. Rehearing denied
1859. Louis j. Goldman VS.. Simon Open
helm Cass G. c. Motion to dismiss appeal
oyerruled.